Answered: NEC ECC: Clause 60.1(19) - CE Notification citing travel advice by...
hello LA1. My view is that 60.1(19) is not satisfied for a few reasons. The snow did not "stop" "completion" of works. It just stopped the C from working for X days (i.e. Provide the Works). In...
View ArticleAnswered: NEC ECC: Is a signed contract is not physically received by...
In short, this is nonsense! BUT next time, as a matter of good practice, I suggest you scan the signature page and send it by email to show contract is properly completed and C is good to go.
View ArticleNEC 3 Option B - Use of BoQ to remeasure a bill item
I'm currently using Option B and the WI states that the contractor is to lay 200m of kerbs and carry out 85m trench works to a specific area. The client has asked for the kerbing to be extended by 5m...
View ArticleAnswered: NEC ECS: Option A - applying staff costs
There are two options here. Either the "prelim" type cost can be spread across the main programme activities, meaning that as these activities are complete then the Subcontractor will be recovering...
View ArticleAnswered: NEC ECC: Recourse after CE implemented
Only contractually via adjudication. Practically you can explain why you disagree - and only through agreement would they ever reopen it. Also would be better for PM to share there assessment to the...
View ArticleAnswered: NEC ECC: Weather delay
It shouldn't do at all as the second bullet point in clause 60.1 (13), the weather compensation event, says it does not apply if a weather event happens after the Completion Date.
View ArticleAnswered: NEC3 contract for programme of works, with projects underneath with...
I have set up a similar arrangement (at a very high level). Essentially, if - you have separate projects with no individual sectional Completions or Key Dates; and - these projects are independent of...
View ArticleAnswered: NEC ECC: Why can we not claim staff cost for CE's that do not...
It sounds as if they are changing the Works Information by introducing extra work. This involves, from what you say, more people on site for longer. There is therefore - and this is the key thing - a...
View ArticleNEC ECC: Add and omit under an option E Contract
We have an option E project where we have omitted £10000 of tendered work, but added in £20000 of work including Fee should the omitted work be the omission plus fee which would effectively reduce the...
View ArticleNEC ECC: The effect of events against planned Completion
The Contractor has submitted a clause 32 programme which has been accepted (Jan '18). This represents the latest Accepted Programme and the one that the effects of CE's, progress and the Contractor's...
View ArticleAnswered: NEC ECC: X5 & X7 Damage Clauses - Crossed Out In Contract
Unfortunately, without X7 specified damages are at large i.e. what it costs the customer. Check to see if option X18 : limitation of liability has been specified as this might cap some of the damages.
View ArticleAnswered: NEC ECC: Add and omit under an option E Contract
I am not sure if I fully understand the question, in part because what I think you are asking is irrelevant under an option E, cost reimbursable contract. This is because you are paid Defined Cost plus...
View ArticleAnswered: NEC ECC: Ahead of programme but wanting to recover prelim costs in...
Assuming you are talking about critical path works here it sounds as though your planned Completion was one week ahead of Completion Date. If this compensation event now delays planned Completion by...
View ArticleAnswered: NEC ECC: Recovering Laundry costs under The Shorter Schedule Of...
I assume you are not talking about money laundering - which would be illegal and hence dis-allowable! :-)
View ArticleAnswered: NEC ECC: X5 & X7 Damage Clauses - Crossed Out In Contract
General principles as explained by Jon are correct. A few extra thoughts below. In liquidating a sum for delay damages you set a right to claim that amount and that amount only for delay related costs....
View ArticleAnswered: NEC ECC: option B - Payment of monthly prelims
I’m assuming you have a lump sum (or series of lump sums) for prelims. Answering the second part first, no the lump sum(s) cannot be reduced due to Contractor’s overrun. The overrun is dealt with...
View ArticleAnswered: NEC ECC: The effect of events against planned Completion
You are absolutely right and an issue I raised at the launch of NEC4 as the problem has not been addressed. All you can do, to make sense of the situation, is use the Accepted Programme current at the...
View ArticleNEC ECC: What about maternity pay and also paternity pay?
Also with maternity pay, what if the period of maternity leave extends beyond the contract end? Would maternity pay up to the contract end be covered?
View ArticleAnswered: NEC ECS: Accepting Subcontractor's Design
Yes - it is still Subcontractor liability if elements did not comply with the original Works Information even if the Contractor had accepted the design. Acceptance is more about seeing if there is a...
View ArticleAnswered: NEC ECC: What about maternity pay and also paternity pay?
The last sentence of the opening para of the Schedule of Cost Components states "An amount is included only in one cost component and only if it is incurred in order to Provide the Works." So if the...
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